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HomeMy WebLinkAboutSP 27A; Gericos; 87-068737; Public Facilities Fee Agreement/Releaset I ._ 7 ‘L ; * RECORDING REQUESTED BY AND ) . , WHEN.RECORDED MAIL TO: 1 ) CITY OF CARLSBAD 1200 Elm Avenue 87, 068737 1843 Carlsbad, California 92008 ) COUNTY RrwD / VERA f-; LYLE Space above this line for Recorder's use I RF 4’ 9 Documentary transfer tax: $&XL-.- +- AR 'q-- -MG /, , Signature of declarant determining tax-firm name City of Carlsbad Parcel No. aGke31-37 AGREEMENT BETWEEN DEVELOPER-OWNER AND THE CITY OF CARLSBAD FOR THE PAYMENT OF A PUBLIC FACILITIES FEE THIS AGREEMENT is entered into this /aA day of &'cEM~~& , 19 86 by and between GmdCd's (name of developer-owner) a &3d~t34+ f-kmmki2Sj\lP (Corporation, partnershlp, etc.) , hereinafter reTerred to as "Developer" WhOSe address is Ae fMLS13AO. r ALlf=dQh)h4c 9dOOB and THE CITY OF (City, state,' zip code) CARLSBAD, a municipal corporation of the State of California, hereinafter referred to as "City", whose address is 1200 Elm Avenue, Carlsbad, California, 92008. WITNESSETH: WHEREAS, Developer is the owner of the real property described on Exhibit "A":, attached hereto and made a part of this agreement, hereinafter referred to as "Property"; and WHEREAS, The Property lies within the boundaries of City; and WHEREAS, Developer proposes a development project as follows: REV 4-22-86 t on said Property, Which development carries the proposed name of ~~~~~~~ and is hereafter referred to as "Development"; and WHEREAS, Developer filed on the /2 day of OEC%~A~,& 19 86, with the City a request for M~fwK Ska l=lC QI I93 , hereinafter referred to as "Request"; and WHEREAS, the Public Facilities Element of the City General Plan requires that the City Council find that all public facilities necessary to serve a development will be available concurrent With need or such development Shall not be approved (said element is on file With the City Clerk and is incorporated by this reference); and WHEREAS, Developer and City recognize the correctness of Council Policy No. 17, dated April 22, 1986, on file With the City Clerk and incorporated by this reference, and that the City's public facilities and services are at capacity and will not be available to accommodate the additional need for public facilities and services resulting from the proposed Development; and WHEREAS, Developer has asked the City to find that public facilities and services will be available to meet the future needs of the Development as it is presently proposed; but the Developer is aware that the City cannot and will not be able to make any SUCh finding Without financial assistance to pay for Such services and facilities; and therefore, Developer proposes to help satisfy the General Plan as implemented by Council Policy No. 17 by payment of a public facilities fee. NOW, THEREFORE, in consideration of the recitals and the covenants Contained herein, the parties agree as follows: -2- REV 4-22-86 . ‘. . . ’ ; 1845 1. The Developer Shall pay to the City a public facilities fee in an amount not to exceed 2.5% of the building permit valuation of the building or structures to be constructed in the Development pursuant to the Request. The fee Shall be paid prior to the issuance of buil ding or other construction permits for the development and shall be based on the valuation at that time. This fee shall be in addition to any fees, dedi cations or improvements required pursuant to Titles 18, 20 or 21 of the Carlsbad Municipal Code. Developer shall pay a fee for conversion of existing building or structures into condominiums in an amount not to exceed 2.5% of the building permit valuation at the time of conversion. The fee for a condominium conversion Sha’Tl be paid prior to the issuance of a condominium conversion permit as provided in Chapter 21.47 of the Carlsbad Municipal Code. Condominium Shall include community apartment or stock cooperative. The terms "other construction permits", "Other construction permit" and "entitlement for use" as used in this agreement, except in reference to mobilehome sites or projects, shall not refer to grading permits or other permits for the construction of underground or street improvements unless no Other permit is necessary prior to the use or occupancy for WhiCtI the development is intended. Developer Shall pay the City a public facilities fee in tne sum of $1,150 for each mobilehome space to be constructed pursuant to the Request. Tne fee Shall be paid prior to the issuance of building or Other construction permits for the development. This fee Shall be in addition to any fees, dedications or improvements required according to Titles 18, 20 or 21 of 1 Code. the Carlsbad Municipa 2. The Deve facilities in lieu of loper may offer to donate a s all or part of the financial ite or sites for public obligation agreed upon in Paragraph 1 above. If Developer offers to donate a site or sites for public -3- REV 4-22-86 , ‘. z 1846 facilities, the City shall consider, but is not obligated to accept the offer. The time for donation and amount of credit against the fee shall be determined by City prior to tne issuance of any building or other permits. SUCh determination, When made, shall become a part of this agreement. Sites donated under tnis paragraph Wall not include improvements required pursuant to Titles 18 or 20 of the Carlsbad Municipal Code. 3. This agreement and the fee paid pursuant hereto are required to ensure the consistency of the Development with the City's General Plan. If the fee is not paid as provided herein, the City will not nave the funds to provide public facilities and services, and the development will not be consistent with the General Plan and any approval or permit for tne Development shall be void. No building or Other construction permit or entitlement for use Shall be issued until the public facilities fee required by tnis agreement is paid. 4. City agrees to deposit the fees paid pursuant to this agreement in a public facilities fund for the financing of public facilities When the City Council determines the need exists to provide the facilities and sufficient funds from the payment of this and similar public facilities fees are available. 5. City agrees to provide upon request reasonable assurances to enable Developer to comply with any requirements of other public agencies as evidence of adequate public facilities and services sufficient to accommodate the needs of the Development herein described. 6. All obligations hereunder Shall terminate in the event the Requests made by Developer are not approved. -4- REV 4-22-86 I j , >_ * .a: 1847 7. Any notice from one party to the other shall be in writing, and shall be dated and signed by the party giving such notice or by a duly authorized representative of such party. Any such notice shall not be effective for any purpose whatsoever unless served in one of the following manners: 7.1 If notice is given to the City of personal delivery thereof to the City or by depositing same in the United States Mail, addressed to the City at the address set forth herein, enclosed in a sealed envelope, addressed to the City for attention of the City Manager, postage prepaid and certified. 7.2 If notice is given to Developer by personal delivery thereof to Developer or by depositing the same in the United States Mail, enclosed in a sealed envelope, addressed to Developer at the address as may have been designated, postage prepaid and certified. 8. This agreement Shall be binding upon and Shall ensure to the benefit of, and shall apply to, the respective successors and assigns of Developer and the City, and references to Developer or City herein shall be deemed to be reference to and include their respective successors and assigns Without specific mention of such successors and assigns. If Developer should cease to have any interest in the Property, all obligations of Developer hereunder Shall terminate; provided, however, that any successor of Developer's interest in the property Shall have first assumed in writing the Developer's obligations nereunder. 9. This agreement Shall be recorded but Shall not create a lien or security interest in the Property. When the obligations of this agreetWnt have been satisfied, City Shall record a release. -5- REV 4-22-86 IN WITNESS WHEREOF, this agreement is executed in San Diego County, California as of the date first written above. DEVELOPER-OWNER: CITY OF CARLSBAD, a municipal corporation of the State of California BY &dmw PhRfls.< For F. D. Aleshire, (TItleI City Manager BY By :"! m&+-++$g ATTEST: APPROVED A‘j TO FORrj:""P?C)VE3 AS TO FORM: fjFL$UT& * '/'INCENT I- BIONDO City Attoiney , JR -9 RONALD R. BALL . (Notarial acknowledgement of execution by DEVELOPER-OWNER must be attached.) -6- REV 4-22-86 TO 194a CA 18.74, (Partnership) STATE OF CALIFORNIA COUNTY OF ’ x3. 1849 On . before me, the yndersigned, a Notary Public in and for said State, personally appeared j-m bzkiunne known to me to beCSYL(of the partners of the partnership that executed the within instrument, and acknowledged to me that such partnership executed the same. WITNESS my hand and official seal. NOTARY PlifAiC 0’ CAUP. PRINCIPAL OFFICE IN SAN DIEGO COUNTY Signature I (This area for ofhcial notarial mai) .s’ *, b -6 . l I r 1850 EXHIBIT "A" LEGAL DESCRIPTION Lot 2, Tamarack Plaza Rap No. 5944 Book 2@L, page OjZ, Parcel 37 POLICY OF TITLE INSURANCE ISSUED FROM THE OFFICE OF SAFECO TITLE ;NSURANCE COMPANY 1301 Third Avenue San Diego, California 92112 SAFECO TITLE INSURANCE COMPANY SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS CONTAINED IN SCHEDULE BAND THE PROVISIONS OF THE CONDITIONS AND STIPULATIONS HEREOF, SAFECO TITLE INSURANCE COMPANY, a California corporation, herein called the Company, insures, as of Date of Policy shown in Schedule A, against loss or damage, not exceeding the amount of insurance stated in Schedule A, and costs, attorneys’ fees and expenses which the Company may become obligated to pay hereunder, sustained or incurred by the insured by reason of: 1. Title to the estate or interest described in Schedule A being vested otherwise than as stated therein; 2. Any defect in or lien or encumbrance on such title; 3. Lack of a right of access to and from the land; 4. Unmarketability of such title; 5. The invalidity or unenforceability of the lien of the insured mortgage upon said estate or interest except to the extent that such invalidity or unenforceability, or claim thereof, arises out of the transaction evidenced by the insured mortgage and is based upon a. usury, or b. any consumer credit protection or truth in lending law; 6. The priority of any lien or encumbrance over the lien of the insured mortgage; 7. Any statutory lien for labor or material which now has gained or hereafter may gain priority over the lien of the insured mortgage, except any such lien arising from an improvement on the land contracted for and commenced subsequent to Date of Policy not financed in whole or in part by proceeds of the indebtedness secured by the insured mortgage which at Date of Policy the insured has advanced or is obligated to advance; 8. Any assessments for street improvements under construction or completed at Date of Policy which now have gained or hereafter may gain priority over the insured mortgage; or 9. The invalidity or unenforceability of any assignment, shown in Schedule A, of the insured mortgage or the failure of said assignment to vest title to the insured mortgage in the named insured assignee free and clear of all liens. In Witness Whereof, SAFECO Title Insurance Company has caused its corporate name and seal to be hereunto affixed by its duly authorized officers as of Date of Policy shown in Schedule A. L $+“i ..i 32 8 : ’ ,..r. *r-.v**I^ l > I. * :- I::” &g&7& -.“?‘. (. Secretary i- _ .a” *- Pm&dent * * . _“*._* %a* )r : . ,.& ’ 1 ? _ ,” ii.,. ,~\ . ALTA LOAN POLICY - 1970 . With ALTA Endorsement, Form 1 Coverage, (Rev. 1 O-l 7-70 and 1 O-1 7-64) SAFECO Stock No. CAP-0204 (Rev. 2-85) Yvur tom No: GBRICO'S SCEEDDLE A Policy rio: Premium. Amount of Insurance! S351,675.h1 @ate of Policy: October 3, \986 at 8~00 ~.m* 1. Name of Insured; RANK OF THE OCEAN, P-679074 $41(?.20 a California Ranking Corpuratlon 2. The estate or Interest in the land dewrihed In this Schedule and which is encumbered by the insured mcrtpa~e ia* A FEE 3. The estate or interest referred to herein is at Date of Policy vested In: GERALD H. SCVA, a single man 4. The wrtgags. herein referred xo as the insured mortgaae, and the. assfpnmunts thereof, if any are described as follows : A deed of trust to secure an Indebtedness in the aFount shown below, and any other obllgatfuns secured tbrrehy Amcun t : $351 l 675.61 Dat cd : Feptember 4, 1986 Trustor: Cerico’s, a partnership Trustee: Safeco Title Tnsurance Company, a Callf ornl.a corporation i3enef iciary: Pank of t-be Ocean, a Caltfornfa Pankiny Corporation Recorded : October 3, 1986 as File 310. R6-444286, Offi.cial Records 5. The land referred to in this policy is sttuated in the State r)f Call- fornia, County of San Diego, and descrIbec! as follows: Lot 2 of Tamarack Plaza, i.n the City of Carlshad, County of San PIego, I;tate of California, according to Map thereof Fio. 5944 filed in the Offlce of the County Recorder August 23, 1967. . -1, . . iolleg No l b-679074 . SCHtDULE B Page 1 PART I This poltey does not insure against lors or damage by reason of the followfnp: 1. Property taxes, including any a8stwment# collected with taxes, to he levied for the fiscal year 1986-19g7 which are a Iten not yet payable. 2. the Llea of Supplemental Taxea, if my’, rr*crred m8rrumbt to the prar101orr of mrpcrr 3.s <cow aela# vtch kcctoa 75) of thr Urrrnur l nd Te%rclcm Cod- of rhm state of C-l¶foc-ni-. 3. ~a l rmerent for the purpose l hova below and rlghta lncldamtal thereto WB art forth La a document Gtan ted to : San Diego Can h Electric Company (lo Representation is made aa to the prtment ownership of said tat&sent) Purpose : Public utllltle~, laptern and tgresa !&corded: July 22, 1933 in Rook 4930, Page 346, Official Ptcordn Affecto: The route thereof affects a pottlon of raid land rnd Is more fully deacribtd in said document. 4. An %aaeewnt for the purpose shown below and rights IncIdental thereto as ret forth in a docuswnt Ctanted to: San Diego Can & Electric Conpmy (No Representation is made aa to the preacnt ownarshlp of said eabeaent ) Putpora: Public utilities, tngrere and egress Recorded : May 26. 1967 as ttla No. 75227, OfflciaI Recorda Affects: the route choreof l ffcctr l portlom of said Iaad l d 1s wro fully de8rribed in said doeurrnt. 5. The fact that the ouncrship of maid land doer not Include riRhto ot 8cceas to or frog, the street or hlRhvay abutting said land, such rlphts h8Vlng bten aevcrcd f tom said land by the document, f&corded : July 10, 1967 aa File No. 99417, QfftciaL Records Affects : Tha Easterly line of atatd land 6. The fact that the ownerrhlp of said laad does not Include riphte of access to or f roa the at met or highway abut tfng raid land, each right@ having hem tevettd from oaid land by the document, Recorded: Augurt 23, 1967 aa Pile Yo. 127712, Offlclal Records Affect8: The Ensterly line of said lnnd 7. An eaaeaent for the purporr rhown below and rights incidental thereto as set forth in a document . . *P;ky rio, 8-679074 . SCH EDtILE B Pafw 2 Granted to: PUtFObe : Rccorrfed : Humble Oil L Pefininp Company (Ko Representation Is Fade as to rhe present cwnersbfp of said eaeemenr) Sipn and power cable Peccmber 6, 1968 as File b. 2145RC. Official &cords Affects: The route thereof effects a porrLSon of mid I.snd and 19 more fully desctihed in said document. P. . An easement for the purpose shown brlow and rlFhts incfdencal chcretu aa uec forth in a document ‘;rsntdd ~IJ: San Diego Gas h Flectrlc Company (No Reprasentatfon 1s nade aa to the present ownershlp of aaid casenencl hrpC%?: Public utill tfeg. inrrrss and rgress Recorded: Navember 21, 1972 as File No. 311871, Official Rceorda Af fecta’ The route thereof affects a porrton of b8td land md is more fully debcrlbed in said document. 4 A . Reotrlctions un the use, by the cmwrC: of said land. of the caiaemcnt art8 8s t+et out in the easement document ‘?erorded: %ovemhrlr 21, 1972 a4 File Ph. . I3ttFvt, Off ictal Records IC. An unrecorded leaw wtth certain PCrFs, covcnar,t~-, conditioner and pruvlslm~s set forth therein. Leasor: People’s Rank Lessee : ~!Sl.Ler, Ardtn P. and Fanny c. Diiiclosed by: Psnanclnf! statesent Recorded : September 6, 1984 a8 Fllr Fin. 84-349514, Cffictal Pccords \I. flatters wPi.ch nay he disclosed by an inspection or by a Hurvey ot wil! land that tii battkiaccory ta thfs Corr:pany, :3r hy inaui ry af chc psrtlc.ci In poosas~fon thereat. -, . . SCNEDLILE B PART ‘II In addition to the nartters set forth in Parr 1 of this ScFedule, the title to the eetete or lorrrert ir, the land describ& or referred to in SC~,~U~P A Jo euhjcct to the fOllOtiz?g matters, if any be shown, hut the CoRpany lnsrtrcas that such utter@ me suhordfnate to the llcn of charm2 of the inrivr~! mortfcaga upon ahI estate or int west : EMI OF SCLLET>m,E R -__- ----- --.-__~------------~---------- INDORSEMENT . Dated as of thedate of the policy to which this indorsement is attached Attached to Policy No. B-679074 The Company hereby insures against loss which said Insured shall sustain by reason of any of the following matters: 1. Any incorrectness in the assurance which the Company hereby gives: (a) That there are no covenants, conditions, or restrictions under which the lien of the mortgage referred to in Schedule A can be cut off, subordinated, or otherwise impaired; (b) That there are no present violations on said land of any enforceable covenants, conditions, or restrictions; (c) That, except as shown in Schedule B, there are no encroachments of buildings, structures, or improvements located on said land onto adjoining lands, nor any encroachments onto said land of buildings, structures, or improvements located on adjoining lands. 2. (a) Any future violations on said land of any covenants, conditions, or restrictions occurring prior to acquisition of title to said estate or interest by the Insured, provided such violations result in impairment or loss of the lien of the mortgage referred to in Schedule A, or result in impairment or loss of the title to said estate or interest if the Insured shall acquire such title in satisfaction of the indebtedness secured by such mortgage; (b) Unmarketability of the title to said estate or interest by reason of any violations on said land, occurring prior to acquisition of title to said estate or interest by the Insured, of any covenants, conditions, or restrictions. 3. Damage to existing improvements, including lawns, shrubbery or trees, (a) which are located or encroach upon that portion of the land subject to any easement shown in Schedule B, which damage results from the exercise of the right to use or maintain such easement for the purposes for which the same was granted or reserved; (b) resulting from the exercise of any right to use the surface of said land for the extraction or development of the minerals excepted from the description of said land or shown as a reservation in Schedule B. 4. Any final court order or judgment requiring removal from any land adjoining said land of’ any encroachment shown in Schedule 8. Wherever in this indorsement any or all of the words, “covenants, conditions, or restrictions” appear, they shall not be deemed to refer to or include the terms, covenants and conditions contained in any lease referred to in Schedule A. The total liability of the Company under said policy and any indorsements therein shall not exceed, in the aggregate, the face amount of said policy and costs which the Company is obligated under the conditions and stipulations thereof to pay. This indorsement is made a part of said policy and is subject to the schedules, conditions, and stipulations therein, except as modified by the provisions hereof. SAFECO TITLE INSURANCE COMPANY INDORSEMENT 100 CLTA Form (Rev. 124-69) SAFECO Stock No. CA- 100 (Rev. 11-82) BY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Authorized Signature 8 SAFECO .,.l._.,.,.,. I .,.,.,.,.,., 1 ,...,...,.,.l \..,.,.l., ~ ‘9’ ,. .%. .,.. \,.,‘,\“,.,,‘,..,.,,n~~~rm ,,,I ‘,‘~:~‘~~‘,r,~o”,-i~~~... . . ,,. ,I . r INDORSEMENT * Dated as of the date of the policy to which this indorsement is attached Attached to Policy No. HI9074 The Company assures the Insured that at the date of this policy there is located on said land known as 850 Tamarack Avmme Carlsbad, California and that the map attached to this policy shows the correct location and dimensions of said land according to those records which under the recording laws impart constructive notice as to said land. The Company hereby insures the Insured against loss which said Insured shall sustain in the event that the assurance herein shall prove to be incorrect. The total liability of the Company under said policy and any indorsements therein shall not exceed, in the aggregate, the face amount of said policy and costs which the Company is obligated under the conditions and stipulations thereof to pay. This indorsement is made a part of said policy and is subject to the schedules, conditions and stipulations therein, except as modified by the provisions hereof. INDORSEMENT 116 CLTA Form (Rev. 2-20-61) CA-116 (Rev. 3-79) SAFECO TITLE INSURANCE COMPANY By.....................................:......... Authorized Signature